191851

The City of Portland ordains:

Section 1. The Council finds:

1. The City is subject to the terms and conditions of a National Pollutant Discharge Elimination System Municipal Separate Stormwater (MS4 Permit) under the federal Clean Water Act to protect public health and the environment.  The MS4 Permit is administered by the Bureau of Environmental Services (BES). It requires the City to regulate construction and post-construction stormwater management for both private property and the public right-of-way through implementation of the Stormwater Management Manual (SWMM), ENB-4.01. 
2. The MS4 Permit was recently reissued to the City and requires changes to the SWMM no later than November 1, 2024. 
3. City Code Chapter 17.38 should be updated to clarify language to support updates to the SWMM. 
4. This ordinance makes some minor language changes for clarity and consistency and to reduce redundancy throughout Chapter 17.38. 
5. This ordinance amends Chapter 17.38 to update the definitions of impervious area, impervious surface, and responsible party to align with existing definitions in other BES-administered Code provisions. The definition of pollutants of concern is removed because it is no longer used in administrative rules associated with Chapter 17.38. The definition of temporary structure is updated to include outdoor shelters.
6. Total Maximum Daily Load language in Subsection 17.38.035 B. is removed, as associated requirements are not implemented or enforced at development review. Language about non-conforming landscaping upgrades associated with Title 33 requirements is removed from Subsection 17.38.040 A. due to the technical and procedural impracticality of implementing the requirement. 
7.  Subsection 17.38.035 F. is updated to require certification from design professionals stating that facilities were installed according to approved development plans. 
8.  The impervious area threshold of 500 square feet that determines applicability of the SWMM is removed from Subsection 17.38.040 A. and will be specified in the SWMM instead. 
9. Drainage reserves are added to Section 17.38.041, Operations and Maintenance Requirements, to clarify authority that already exists in Chapter 17.38. 
10. Enforcement language is added to Section 17.38.045 to state that interference with a City representative performing work under an abatement order is a violation. This addition clarifies existing BES authority in Chapter 17.38. 
11. Updates to Subsection 17.38.060 B. clarify existing BES authority to indicate that a party responsible for a violation may be summoned to a Code hearing. 

NOW, THEREFORE, the Council directs:

1. Amend City Code Chapter 17.38 as shown in Exhibit A effective October 1, 2024.